header-logo header-logo

Employers to pay price

07 July 2017
Issue: 7753 / Categories: Legal News , Employment
printer mail-detail

Higher sentences proposed for reckless & negligent employers

Employers who commit manslaughter could face higher custodial sentences, from eight to 18 years in the most serious cases, under draft guidelines drawn up by the Sentencing Council.

In a consultation published this week, ‘Manslaughter Guideline Consultation’, the council proposes tougher penalties for gross negligence manslaughter, where the offender is in breach of a duty of care towards the victim, which causes the death of the victim and amounts to a criminal act or omission. This could include employers who ‘completely disregard’ the safety of employees or doctors whose care of a patient falls far below the required standard, the Council said. Currently, there is only limited sentencing guidance for manslaughter, and these are the first set of comprehensive guidelines for the offence.

The Council said its proposals were based on an analysis of current sentencing practice, with little change in sentence levels for most areas apart from in some gross negligence cases. It said judges currently tend to order more lenient sentences in gross negligence cases where, for example, employers ignore safety in order to cut costs.

Sentencing Council member Mr Justice Holroyde said: ‘The guidelines aim to ensure sentencing that properly reflects both the culpability of the offender and the seriousness of the harm which has been caused.’

Some 16 offenders were sentenced for manslaughter by gross negligence in 2014, incurring custodial sentences ranging from nine months to 12 years, four of which were suspended. The median sentence length was four years.

The consultation ends on 10 October 2017.

Issue: 7753 / Categories: Legal News , Employment
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll